[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2436 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2436
To amend title 38, United States Code, to concede exposure to airborne
hazards and toxins from burn pits under certain circumstances, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 8, 2021
Ms. Slotkin (for herself and Mr. Meijer) introduced the following bill;
which was referred to the Committee on Veterans' Affairs, and in
addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to concede exposure to airborne
hazards and toxins from burn pits under certain circumstances, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Burn Pits Exposure
Recognition Act of 2021''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The health of some members of the Armed Forces and
veterans who served in certain locations, often multiple times,
may have been affected by their service near burn pits and
other sources of airborne hazards.
(2) Determining the location of burn pits, and the scope of
health effects associated to exposure, remains the subject of
much investigation, research, and good faith efforts by the
Department of Veterans Affairs, the Department of Defense,
other government agencies, and the National Academies of
Sciences, Engineering, and Medicine.
(3) The locations of burn pits used by the Department of
Defense and partnered armed forces, and the possible health
effects associated by their use, may never be completely known,
as--
(A) some location and air and soil quality data is
fragmentary; and
(B) the research involved with establishing links
between burn pit exposure and health conditions by
necessity is complex, years in length, and in the end,
in some cases, inconclusive.
(4) The September 2020 National Academies of Sciences,
Engineering and Medicine consensus study report entitled
``Respiratory Health Effects of Airborne Hazards Exposures in
the Southwest Asia Theater of Military Operations'' concludes
that the available evidence does not allow a definitive
determination to be made about any potential association
between airborne hazards in the theater and numerous
respiratory health outcomes. The report characterizes existing
research as inadequate, and advises that additional research be
done, including longitudinal studies that by design take years.
(5) In the interim, though, some veterans have already been
adversely affected by their exposure to burn pits, and their
claims to certain benefits furnished by the Department of
Veterans Affairs can be reviewed on a case-by-case basis.
(6) When filing a claim for certain benefits furnished by
the Department of Veterans Affairs, the application requires
that each veteran show evidence of their exposure to burn pits,
however if the evidence of exposure to burn pits is not
provided, the claim is often denied.
(b) Sense of Congress.--It is the sense of Congress that--
(1) if it is determined that a veteran was deployed to a
covered location during a certain period, the Secretary of
Veterans Affairs should concede that the member or veteran was
exposed to certain toxic substances, chemicals, and hazards;
(2) a concession of exposure as described in paragraph (1)
should not alone be sufficient to entitle one to health care or
disability compensation under laws administered by the
Secretary of Veterans Affairs;
(3) the Department of Veterans Affairs, the Department of
Defense, and other relevant agencies should make information
regarding burn pit locations immediately available to the
public, with appropriate caveats to its completeness and need
for potential future revision; and
(4) the earliest possible period for which the Secretary of
Veterans Affairs should make concessions as described in
paragraph (1) should begin on August 2, 1990.
SEC. 3. CONCESSION OF EXPOSURE TO AIRBORNE HAZARDS AND TOXIC SUBSTANCES
FROM DEPARTMENT OF DEFENSE AND PARTNERED ARMED FORCES
BURN PITS.
(a) Concession Required.--
(1) In general.--Subchapter II of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1119. Concession of exposure to airborne hazards and toxic
substances from burn pits
``(a) In General.--For purposes of section 1110 and chapter 17 of
this title, any veteran who, during active military, naval, or air
service, was deployed in support of a contingency operation while so
serving and as part of such deployment served in a covered location
during a corresponding period set forth under subsection (b), shall be
considered to have been exposed to the toxic substances, chemicals, and
hazards listed in subsection (c), unless there is affirmative evidence
to establish that the veteran was not exposed to any such substances,
chemicals, or hazards during that service.
``(b) Covered Locations and Corresponding Periods.--(1) The covered
locations and corresponding periods set forth under this subsection are
as follows:
``(A) Iraq and the following periods:
``(i) The period beginning on August 2, 1990, and
ending on February 28, 1991.
``(ii) The period beginning on March 19, 2003, and
ending on such date as the Secretary determines burn
pits are no longer used in Iraq.
``(B) The Southwest Asia Theater of operations, other than
Iraq, and the period beginning on August 2, 1990, and ending on
such date as the Secretary determines burn pits are no longer
used in such location, including the following:
``(i) Kuwait.
``(ii) Saudi Arabia.
``(iii) Oman.
``(iv) Qatar.
``(C) Somalia and the period beginning on August 2, 1990,
and ending on such date as the Secretary determines burn pits
are no longer used in Somalia.
``(D) Afghanistan and the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Afghanistan.
``(E) Djibouti and the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Djibouti.
``(F) Syria and the period beginning on September 11, 2001,
and ending on such date as the Secretary determines burn pits
are no longer used in Syria.
``(G) Jordan and the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Jordan.
``(H) Egypt and the period beginning on September 11, 2001,
and ending on such date as the Secretary determines burn pits
are no longer used in Egypt.
``(I) Lebanon and the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Lebanon.
``(J) Yemen and the period beginning on September 11, 2001,
and ending on such date as the Secretary determines burn pits
are no longer used in Yemen.
``(K) Uzbekistan and the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Uzbekistan.
``(L) The Philippines and the period beginning on September
11, 2001, and ending on such date as the Secretary determines
burn pits are no longer used in the Philippines.
``(M) Such other locations as are set forth by the Airborne
Hazards and Open Burn Pit Registry established under section
201 of the Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note) and corresponding periods set forth in such registry.
``(N) Such other locations and corresponding periods as the
Secretary, in collaboration with the Secretary of Defense, may
determine appropriate in a report the Secretary of Veterans
Affairs shall submit to Congress not later than two years after
the date of the enactment of the Veterans Burn Pits Exposure
Recognition Act of 2021 and not less frequently than once every
two years thereafter.
``(2) A location set forth under this subsection shall not include
any body of water around or any airspace above such location.
``(c) Toxic Substances, Chemicals, Airborne Hazards.--(1) Subject
to paragraph (2), the toxic substances, chemicals, and airborne hazards
listed in this subsection are as follows:
``(A) Particulate matter, including the following:
``(i) PM-10.
``(ii) PM-2.5.
``(B) Polycyclic aromatic hydrocarbons (PAHs), including
the following:
``(i) Acenaphthene.
``(ii) Acenaphthylene.
``(iii) Anthracene.
``(iv) Benzo(a)anthracene.
``(v) Benzo(a)pyrene.
``(vi) Benzo(b)fluoroanthene.
``(vii) Benzo(g,h,i)perylene.
``(viii) Benzo(k)fluoroanthene.
``(ix) Chrysene.
``(x) Dibenz(a,h)anthracene.
``(xi) Fluoranthene.
``(xii) Fluorene.
``(xiii) Indeno(1,2,3-cd)pyrene.
``(xiv) Naphthalene.
``(xv) Phenanthrene.
``(xvi) Pyrene.
``(C) Volatile organic compounds (VOCs), including the
following:
``(i) Acetone.
``(ii) Acrolein.
``(iii) Benzene.
``(iv) Carbon Disulfide.
``(v) Chlorodifluoromethane.
``(vi) Chloromethane.
``(vii) Ethylbenzene.
``(viii) Hexane.
``(ix) Hexachlorobutadiene.
``(x) m/p-Xylene.
``(xi) Methylene Chloride.
``(xii) Pentane.
``(xiii) Propylene.
``(xiv) Styrene.
``(xv) Toluene.
``(D) Toxic organic halogenated dioxins and furans
(dioxins), including the following:
``(i) 1,2,3,4,6,7,8 HPCDD.
``(ii) 1,2,3,4,6,7,8 HPCDF.
``(iii) 1,2,3,4,7,8,9 HPCDF.
``(iv) 1,2,3,4,7,8 HXCDD.
``(v) 1,2,3,4,7,8 HXCDF.
``(vi) 1,2,3,6,7,8 HXCDD.
``(vii) 1,2,3,6,7,8 HXCDF.
``(viii) 1,2,3,7,8,9 HXCDD.
``(ix) 1,2,3,7,8,9 HXCDF.
``(x) 1,2,3,7,8 PECDD.
``(xi) 1,2,3,7,8 PECDF.
``(xii) 2,3,4,6,7,8 HXCDF.
``(xiii) 2,3,4,7,8 PECDF.
``(xiv) 2,3,7,8 TCDD.
``(xv) 2,3,7,8 TCDF.
``(xvi) octachlorodibenzodioxin.
``(xvii) octachlorodibenzofuran.
``(E) Such other toxic substances, chemicals, and airborne
hazards as the Secretary, in collaboration with the Secretary
of Defense, may add under paragraph (2).
``(2) The Secretary may add to or remove from the list under
paragraph (1) as the Secretary determines appropriate in a report the
Secretary shall submit to Congress not later than two years after the
date of the enactment of the Veterans Burn Pits Exposure Recognition
Act of 2021, and not less frequently than once every two years
thereafter.
``(d) Medical Examinations and Medical Opinions.--(1) If a veteran
described in subsection (a) submits to the Secretary a claim for
compensation for a service-connected disability with evidence of a
disability and service in a covered location and corresponding period
set forth under subsection (b) and such evidence is not sufficient to
establish a service connection for the disability, the Secretary shall
provide the veteran with a medical examination and the Secretary shall
request a medical opinion as to any causal link between the disability
and a toxic substance, chemical, or hazard set listed in subsection
(c).
``(2) When providing the Secretary with a medical opinion requested
under paragraph (1), the provider shall consider the total potential
exposure through all applicable military deployments, and the
synergistic effect of all combined toxic substances through inhalation,
dermal exposure, and ingestion.
``(e) Definition of Burn Pit.--In this section, the term `burn pit'
means an area of land that--
``(1) is designated by the Secretary of Defense to be used
for disposing solid waste by burning in the outdoor air; and
``(2) does not contain a commercially manufactured
incinerator or other equipment specifically designed and
manufactured for the burning of solid waste.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 11 of such title is amended by inserting
after the item relating to section 1118 the following new item:
``1119. Concession of exposure to airborne hazards and toxic substances
from burn pits.''.
(b) Reports.--
(1) Reports required.--The Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and Committee on
Veterans' Affairs of the House of Representatives reports as
follows:
(A) Not later than 60 days after the date of the
enactment of this Act, a report covering the one-year
period preceding the date of the enactment of this Act.
(B) Not later than 425 days after the date of the
enactment of this Act, a report covering the one-year
period beginning on the date of the enactment of this
Act.
(C) Not later than 790 days after the date of the
enactment of this Act, a report covering the one-year
period beginning on the date that is one year after the
date of the enactment of this Act.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the period covered by the report and
disaggregated by each of the categories set forth under
paragraph (3), the following:
(A) Total number of claims completed for
compensation under chapter 11 of title 38, United
States Code.
(B) Total number of such completed claims for which
the Secretary provided medical examinations.
(C) The current status of such completed claims,
disaggregated by the following:
(i) Total claims granted.
(ii) Total claims denied for which the
claimant took no further action.
(iii) Total claims denied for which the
claimant filed a supplemental claim.
(iv) Total claims denied for which the
claimant requested a higher level review.
(v) Total claims denied for which the
claimant filed an appeal to the Board of
Veterans' Appeals.
(D) Total number of claims for compensation under
chapter 11 of such title pending a decision.
(3) Categories.--The categories set forth under this
paragraph are claims for compensation under chapter 11 of title
38, United States Code, involving exposure to a toxic
substance, chemical, or hazard listed in subsection (c) of
section 1119 of such title, as added by subsection (a)(1),
during active military, naval, or air service in support of a
contingency operation in a covered location during a
corresponding period set forth under subsection (b) of such
section.
(4) Public access to reports.--The Secretary shall make
each report required by paragraph (1) available to the public,
including by publishing the reports on a publicly accessible
page of the website of the Department of Veterans Affairs,
along with such additional information or comments as the
Secretary considers appropriate to provide context for the
report.
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